Law:

Section:

Industrial Relations Ordinance (RXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance petition against dismissal for misconduct--Charges fully established in proper and lawful domestic enquiry--Labour Court accepting grievance petition due to misconstrued evidence--Order of Labour Court, held, was not sustainable hence set aside by Appellate Tribunal dismissing grievance petition. Masood Mirza and Siddiq Mirza for Appellant. Raja Shamsuz Zaman for Respondents. Date of hearing: 16th August, 1987. DECISION This is an appeal against the impugned order, dated 30-9-1986, passed by the Sind Labour Court No.IV, Karachi, who had allowed the grievance petitions of the respondents directing their re-instatement in service with full back benefits. 2. Brief facts of the cases of the respondents are that both respondents claimed to be the permanent workmen of the appellant mills and on 13-11-1985, they were falsely charge-sheeted for the alleged misconduct with an intention to victimise them for their union activities. Further the claim of the respondents was that they did not get opportunity to submit the explanation, consequently due to the displeasure of the appellant mills, a domestic enquiry was directed which was neither fair, proper and lawful nor they were afforded proper opportunity to defend themselves resulting in their unlawful dismissals from service. They claimed that after complying with the legal requirements they had submitted their grievance petitions before the learned Labour Court. 3. The case of the appellant mills before the learned Labour Court was that on 12-11-1985, one supervisor, namely, Naveed Shah was coming to the department after his dinner at about 8.45 p. m. when both the respondents stopped him in the Time Office, misbehaved with him, abused and the patened not to favour the management, otherwise they would put off his pant and shalwar. Further, the case of the appellant mills was that again at about 12-05 at mid-night, after close of 'B' shift, the respondent again stopped Naveed Shah Supervisor and threatened him to see him outside the mills premises and to put off his shalwar/pant. Therefore, both the respondents were charge-sheeted and…

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